STATE OF NEW YORK
________________________________________________________________________
581
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. CAHILL, BENEDETTO, BING, BRENNAN, CUSICK,
DelMONTE, EDDINGTON, GALEF, GIANARIS, GOTTFRIED, GUNTHER, JAFFEE,
JEFFRIES, KOON, LUPARDO, MAGEE, MAISEL, ORTIZ, PEOPLES, POWELL, REIL-
LY, STIRPE, GABRYSZAK, KAVANAGH, CAMARA, P. RIVERA -- Multi-Sponsored
by -- M. of A. COLTON, HYER-SPENCER, LANCMAN, LAVINE, ROSENTHAL, SWEE-
NEY -- read once and referred to the Committee on Governmental Oper-
ations
AN ACT to amend the public officers law, in relation to vacancies in the
office of comptroller or attorney-general
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 41 of the public officers law, as amended by chap-
2 ter 91 of the laws of 1928, is amended to read as follows:
3 § 41. Vacancies [filled by legislature] in the office of comptroller
4 or attorney-general. When a vacancy occurs or exists[, other than by
5 removal,] in the office of comptroller or attorney-general, [or a resig-
6 nation of either such officer to take effect at any future day shall
7 have been made while the legislature is in session, the two houses ther-
8 eof, by joint ballot, shall appoint a person to fill such actual or
9 prospective vacancy] the governor may in his discretion make proclama-
10 tion of a special election to fill such office, specifying the date of
11 such election, which shall be not less than forty-five nor more than
12 sixty days from the date of the proclamation.
13 § 2. Subdivision 4-a of section 42 of the public officers law, as
14 amended by chapter 373 of the laws of 1978, is amended to read as
15 follows:
16 4-a. If a vacancy occurs in the office of United States senator from
17 this state [in any even numbered calendar year on or after the fifty-
18 ninth day prior to the annual primary election, or thereafter during
19 said even numbered year, the governor shall make a temporary appointment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00596-01-9
A. 581 2
1 to fill such vacancy until the third day of January in the year follow-
2 ing the next even numbered calendar year. If such vacancy occurs in any
3 even numbered calendar year on or before the sixtieth day prior to an
4 annual primary election, the governor shall make a temporary appointment
5 to fill such vacancy until the third day of January in the next calendar
6 year. If a vacancy occurs in the office of United States senator from
7 this state in any odd numbered calendar year, the governor shall make a
8 temporary appointment to fill such vacancy until the third day of Janu-
9 ary in the next odd numbered calendar year. Such an appointment shall
10 be evidenced by a certificate of the governor which shall be filed in
11 the office of the state board of elections. At the time for filing such
12 certificate], the governor may in his or her discretion, make proclama-
13 tion of a special election to fill such office, specifying the date of
14 such election, which shall not be less than forty-five nor more than
15 sixty days from the date of such proclamation. The governor shall issue
16 and file in the office of the state board of elections a writ of
17 election directing the election of a United States senator to fill such
18 vacancy for the unexpired term at the general election next preceding
19 the expiration for the term of such [appointment] special election.
20 § 3. This act shall take effect on the same date as a concurrent
21 resolution entitled "CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
22 proposing an amendment to section 1 of article 5 of the constitution, in
23 relation to providing for special elections to fill the offices of comp-
24 troller and attorney-general", takes effect.
